When the Supreme Court hears arguments on whether the age of consent should be read down from 18 to 16 years, the debate will be about far more than just numbers. It will touch the heart of a conversation India has long sidestepped on how we understand, teach, and talk about consent.

Senior advocate Indira Jaising, in her written submissions to the apex court in the Nipun Saxena v. Union of India case, has urged that consensual relationships between adolescents aged 16 to 18 should not be criminalised under the Protection of Children from Sexual Offences (POCSO) Act, 2012, or Section 375 of the Bharatiya Nyaya Samhita (BNS).

Her argument that “criminalising sex between teenagers is arbitrary, unconstitutional, and against the best interests of children” strikes at the delicate balance between protection, and autonomy.

At its core, the case is about the right to choose, the ability to say yes or no, and the freedom to understand one’s own body and emotions.

But beyond the legal arguments lies a deeper societal question: Do we really teach young people what consent means?

Why consent is important

Consent is not just a legal concept; it is a form of communication, an agreement that signals respect, awareness, and agency. Yet, for most Indian adolescents, conversations around sexuality, intimacy, and personal boundaries are hidden in discomfort or silence.

The lack of structured sex and consent education leaves teenagers navigating a landscape of curiosity, peer influence, and misinformation, often without the tools to make informed decisions. The result: a society that frequently confuses control with care and silence with consent.

When consent is not understood, both exploitation and misjudgment flourish. It can lead to criminalising curiosity, punishing affection, and, worse, failing to protect those truly in need of safeguarding.

The POCSO Act, enacted to protect children from sexual abuse, was never meant to criminalise love. However, as Jaising and several high courts have noted, its blanket application has led to the prosecution of adolescents in consensual relationships, particularly in inter-caste or inter-faith cases where families disapprove.

Between 2017 and 2021, there was a 180% rise in POCSO cases involving 16-18-year-olds, many initiated by parents against the wishes of their daughters. These statistics reveal a painful paradox, a law designed to empower young people has, in some cases, been used to suppress them.

Teaching consent early

For real change, however, the conversation must move from courtrooms to classrooms.

Comprehensive sexuality education, which teaches young people about respect, bodily autonomy, safe practices, and the emotional weight of consent, is no longer optional; it is essential.

The Supreme Court’s decision, whichever way it goes, will likely shape how India defines adolescence, autonomy, and accountability

As Indira Jaising aptly noted, “Sexual autonomy is part of human dignity." It does not diminish protection; it strengthens it.